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6th Circuit upholds TN, KY laws protecting children from harmful medical procedures

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State legislators must enact laws protecting minors from life-altering, dangerous gender transition procedures

The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding the U.S. Court of Appeals for the 6th Circuit’s decision Thursday in L.W. v. Skrmetti to uphold Tennessee and Kentucky state laws that protect children from harmful and unnecessary medical procedures:

“Tennessee and Kentucky are right to protect minors from harmful, irreversible, and experimental medical procedures that can permanently alter children’s bodies without any proven long-term benefit. Children suffering discomfort with their sex are best served by compassionate mental health care. Even the far-from-impartial World Professional Association for Transgender Health has admitted that the overwhelming majority of children will naturally resolve their gender dysphoria as they mature. That’s why the countries that have been the leaders in so-called ‘gender affirming care’—such as Sweden, England, Denmark, and Finland—are reversing course and now curtailing the use of dangerous ‘gender transition’ procedures and protecting children from the bad science that has devastated countless lives.

“As the court recognized, ‘Administering puberty blockers to prevent pubertal development can cause diminished bone density, infertility, and sexual dysfunction. Introducing high doses of testosterone to female minors increases the risk of erythocytosis, myocardial infarction, liver dysfunction, coronary artery disease, cerebrovascular disease, hypertension, and breast and uterine cancer. And giving young males high amounts of estrogen can cause sexual dysfunction and increases the risk of macroprolactinoma, coronary artery disease, cerebrovascular disease, cholelithiasis, and hypertriglyceridemia.’ Indeed, the court concluded, ‘no one disputes that these treatments carry risks or that the evidence supporting their use is far from conclusive.’

“Activist groups and professionals with large financial interests continue to push harmful puberty-blockers, potentially sterilizing cross-sex hormones, and irreversible genital-mutilation surgeries on children too young to understand the long-term implications for their lives. The 6th Circuit rightly agreed that Tennessee and Kentucky are free to implement laws that protect vulnerable children and give them time to flourish,” Bursch continued.

ADF attorneys filed a friend-of-the-court brief in July with the 6th Circuit urging it to uphold Tennessee’s and Kentucky’s laws, which it did.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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John Bursch
John Bursch
Senior Counsel, Vice President of Appellate Advocacy
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom.